General terms & Conditions
(a) My Sweet Days Sarl (Agency) acts as an agent to introduce suitable candidates to work as nannies, maternity nurses, governesses, housekeepers, household managers, personal assistants and other domestic staff (‘Applicant’) for its clients (‘Client’) worldwide. The Company does not employ any of the Applicants, directly or indirectly. Applicants are introduced to Clients on the basis that they will be employed by the Client, unless the Applicant is self-employed.
(b) These Terms and Conditions of Business set out the basis upon which the Agency will provide its Services within Switzerland and Overseas.
(c) The verbal or written instructions by the Client, or the Client’s appointed agent, to the Agency to submit suitable Candidate for placement with the Client constitutes acceptance of these Agency’s Terms and Conditions by the Client.
1 DEFINITION AND INTERPRETATION
“Agency” means My Sweet Days International Nanny Agency Sarl, Chemin Rieu 18 – 1208 Geneva, Switzerland.
“Agreement” means the agreement between the Agency and the Client for the provision of the Services incorporating these Terms and Conditions as evidenced by the acceptance by the Agency of the Client Registration Form.
“Applicant” means a person introduced by the Agency to the Client to be considered for an Engagement in respect of childcare and private domestic staff within Switzerland and overseas;
“Client” means any person, including any family connections of such person, or company who contacts the Agency with the aim of Engaging an Applicant and for whom the Agency has agreed to provide the Services in accordance with these Conditions.
“Client Registration Form” means the instructions and information provided by the Client setting out, amongst other things, the Client’s details and requirements for childcare or other staff whether submitted on line, orally or in writing via email.
“Confidential Information” means all personal and business information about the parties to this Agreement.
“Engagement Commencement Date” means the date on which the Applicant’s Engagement with the Client commences;
“Engagement” means the employment, hire or other use, directly or indirectly and whether under an agreement of service or Agreement for services or otherwise, and on a permanent, temporary or other basis, of an Applicant, by or on behalf of the Client, whether or not that Agreement is in writing but in any case, where the Client provides remuneration (whether monetary or otherwise) to the Applicant;
“Permanent Engagement” means Engagement for any period of more than six calendar months (full-time or part- time);
“Service Fee” means money payable to the Agency by the Client for the Engagement of the Applicant;
“Temporary Engagement” means an Engagement for any period up to six calendar months (full-time or part-time); and
“Services” means an introduction service whereby a Client is introduced to one or more Applicants to work for the Client as a nanny, maternity nurse, Governess or other form of private domestic staff for the Client’s family.
2 OUR SERVICE PAYMENT OPTION
Overseas placement (outside Switzerland)
Long Term Placement
- Registration fee : EUR 200
- Placement fee : 18% of candidate’s net annual compensation
Temporary placement and maternity nurse booking (up to 26 weeks)
- Registration fee of EUR 120
- Placement fee : EUR 250 per week
National placement (in Switzerland)
Long Term Placement
- Registration fee : CHF 200
- Placement fee : 10% of candidate’s net annual compensation
Temporary placement and maternity nurse booking (up to 26 weeks)
- Registration fee of CHF 120
- Placement fee : CHF 250 per week or CHF 36 per day for night nurse or On Call Nanny
- On Call Nanny : CHF 36 per day
- Emergency On Call Nanny (less than 24h) : CHF 50 per day
3 FEES & PAYMENT
The Service Fee becomes due and payable when an Applicant accepts an offer of Engagement either by verbal or by written agreement, and not at the commencement of Engagement. The Agency will raise an invoice upon the Applicant’s acceptance of an offer of Engagement from the Client. For the avoidance of doubt, such Service Fee is due and payable by the Client within ten days of the date of the invoice even if the Client has not notified the Agency of the Engagement, and in the case of an Engagement overseas must be paid by the Client prior to the date the Applicant departs for such Engagement. The Agency accepts payment by Credit Card or bank transfer. Late payment cancels the right for a replacement or a refund
(a) A non refundable Registration fee of CHF 200/EUR 200 for Long terme position or CHF 120/EUR 120 for Temporary or Maternity Nurse position is payable by the Client upon acceptance by the Agency of the Client Registration Form. This fee is to be paid by bank transfer or by credit card by the Client, will cover the initial search for the placement of a Candidate. If after 60 days from receipt of the Registration Fee by the Agency, the Client has not been presented with at least two Candidates, the Client is entitled to a full refund of the Registration Fee.
(b) Service fees charged relate to one engagement only. If an Applicant subsequently re-joins the Client at any time in the future, the Client undertakes to inform the Agency and to pay the relevant introduction service fee again.
(c) The Client undertakes to notify the Agency if any Applicant for a temporary position remains with the Client, and in such event an additional full fee for a permanent introduction shall be payable by the Client. Placements are considered to be temporary up to 26 weeks/6months.
(d) Fees relating to maternity nurse or temporary placements are due from the original booking date to the end of the placement, even in case of delayed or pre-mature birth and subsequent change of dates.
(e) All engagement fees quoted are exclusive of V.A.T., Applicant’s salary and other chargeable expenses of the Applicant and/or the Agency.
(a) In case of cancellation of any engagement by the Client prior to the commencement of the Applicant’s position and/or after an invoice has been issued, 50% of the Service fee remains payable to the Agency.
Should the cancellation occur two weeks prior to the commencement date, the full Agency fee remains payable by the Client.
5 OBLIGATIONS OF CLIENTS
(a) The Client is responsible for providing a full detailed job description to the Agency in the Client Registration Form. The Client confirms that the description of work and other information that he / she has provided, or shall provide, is accurate and complete. In addition, the Client accepts that in order for the Agency to provide the Client with the Services to the best of its ability, the Agency shall be able to share limited details of the job with third parties such as Applicants or third parties such as job boards and / or partner agencies. The Agency confirms that no photos, family names or contact details shall be shared to any third parties, except Candidates that the Client wishes to interview.
(b) The Client shall not discriminate against any Applicant and shall comply with the provisions of any discrimination legislation including but not limited to the Equality Act 2010
(c) Clients agree to reimburse reasonable travel expenses incurred by Applicants attending interviews and travel expenses related starting and finishing the position.
(d) The Client shall inform the Agency immediately if an Engagement is accepted by an Applicant and he / she engages an Applicant, giving details of : gross annual salary, start date and end date (if applicable), and whether the Engagement is permanent or temporary.
(e) The Client shall pay the relevant Service Fee upon the Engagement of the Applicant in accordance with Clause 3.
(f) The Client will comply with the relevant employment and tax law within the country in which the Applicant will be Engaged, including, but not limited to the provision of a contract of employment, pay slips, correct deductions for tax and national insurance, as well as any pension contributions, if the Applicant is eligible.
(g) During the Client’s Engagement of the Applicant, the Client will ensure that the Applicant is provided with a suitable and safe working environment which in no way may compromise and affect the welfare of the Applicant and will ensure that the place of work is clean and hygienic and complies with appropriate health and safety laws;
5.1 For live in positions, the Client must ensure :
(a) Adequate household insurance is in place to protect the Applicant’s possessions;
(b) Provision of suitable live-in accommodation to the Applicant, including, without exception, a bedroom
for exclusive use and proper access to a bathroom.
6 AGENCY OBLIGATIONS
6.1 The Agency shall take reasonable endeavours to introduce to the Client, Applicants which the Agency considers suitable to be employed by the Client as required in the Client Registration Form and perform the additional services as further set out in this Clause.
6.2 The Agency shall request Applicants to provide :
- An up-to-date CV
- Original Government issued identity documents and address check documents
- Relevant diplomas and certificates
- Police check
- Referee contact details
6.3 The Agency takes reasonable steps to ensure that both the Applicant and the Client are aware of requirements imposed by law or professional bodies to enable the Applicant to work for the Client in the capacity of the position that the Client wishes to fill.
6.4 The Agency will inform the Client as to the status of each of the above documents prior to any decision to Engage. In the event that, for example; the Police Check is in progress at the time an offer is made, the Agency shall recommend that an Engagement does not commence until the document is received and is deemed acceptable. If the Client moves forward and commences Engagement before any of the other relevant documents are received, then the decision rests exclusively with the Client as to whether such Engagement should proceed. For the avoidance of doubt, the relevant Service Fee would still be due to be paid in such circumstances.
7 REPLACEMENT APPLICANT
7.1 These provisions apply in the event that within (i) the first three months in relation to an after-school live out position or (ii) the first six calendar months for all other permanent positions (excluding after school live out positions) of the Engagement Commencement Date or arrival within a live-in position, whichever comes earlier, the Applicant does not commence Engagement with the Client after accepting an offer of employment or the Applicant leaves the Engagement of the Client within either (i) the first three months in relation to an after-school live out position or (ii) the first six calendar months (other than as a result of abreach by the Client of the contract of employment between the Client and the Applicant or a result of the Client’s dismissal of the Applicant other than for reasons of gross misconduct on the part of the Applicant (“gross misconduct” being as determined in accordance with guidance set out by the Code of Practice on disciplinary and grievance procedure of the country).
7.2 The Agency shall not provide details of any potential replacement Applicant unless the Client fulfils following conditions:
(a) The Client has informed the Agency, in writing, within seven days of such termination;
(b) The Client has paid the Service Fee in full and such amount has been received by the Agency prior to the Applicant starting an Engagement;
(c) The terms of the Engagement have not changed, including the working conditions, the job description and the location;
(d) It is not in breach of any employment law and/or contract with the Applicant;
(e) The Client does not retain the services of that Applicant in any other capacity; and
(f) The Client is looking for a new applicant and it has given a period of four weeks to the Agency to put forward potential replacement Applicants.
7.3 If at the ’s discretion the Client has fulfilled the conditions set out above, then it shall put forward details of a replacement Applicant on following terms:
(a) The Agency will run its search for up to one month after the Client has received notification of termination;
(b)The Client shall use all reasonable endeavours to read and assess the details of any replacement Applicants within 48 hours of receipt. Failure to respond to the Agency regarding any potential replacement Applicants may result in withdrawal of a free replacement.
(c) the Agency shall introduce a maximum number of three suitable replacement Applicant with relevant experience for the position and/or a similar profile. For the avoidance of doubt, in the event that the Client does not Engage one of the replacement Applicants provided, no refund will be provided; and
(c) after Engagement of one of the replacement Applicants, the Company shall have no further obligation to the Client.
7.4 In the event that the Client sources a replacement candidate from another source whilst the Agency is searching for a replacement, no refund shall be provided by the Agency.
8 CONFIDENTIALITY & SUITABILITY
(a) All introductions of Applicants by the Agency and their personal details shall be kept strictly confidential by Clients. Clients undertake not to disclose any introductions to third parties. Any breach of this undertaking resulting in the employment of an Applicant by a third party renders the Client liable for full payment of the Agency’s introduction fee.
(b) The Agency uses its reasonable endeavours to establish the suitability of any Applicant for introduction to the Client. However, all responsibility for ascertaining the suitability of any Applicant for the engagement remains with the Client. The Agency does not accept under any circumstances and excludes liability for any loss, damage, expenses incurred or suffered by the Client allegedly arising from the acts of the Applicants introduced by the Agency.
9 GENERAL & GDPR
(a) The terms of business are non-negotiable and by interviewing and subsequently employing an Applicant introduced by the Agency, the Client is considered to be in agreement with these terms of business.
(b) No variations to these terms of business, either expressed or complied, may be made without the written consent of the Director of the Agency.
(c) According to new GDPR – General Data Protection Regulation ((EU) 2016/679) the Client has to be made aware that as a recruitment agency, we collect information about you to carry out our core business and activities.
10 APPLICABLE LAW
These terms of business are governed by Swiss law and all disputes arising out of or in connection therewith shall be subject to the jurisdiction of the Swiss courts.